Judgment of the General Court of 11 February 2010 - Deutsche BKK v OHIM (Deutsche BKK)
(Community trade mark - Application for Community word mark Deutsche BKK - Absolute ground for refusal - Descriptive character and no distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) - Article 73 and Article 74(1), first sentence, of Regulation No 40/94 (now Article 75 and Article 76(1), first sentence, of Regulation No 207/2009))
Language of the case: German
Parties
Applicant: Deutsche BKK (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 May 2008 (Case R 318/2008-4) concerning an application for registration of the word mark 'Deutsche BKK' as a Community trade mark.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the Deutsche Betriebskrankenkasse (Deutsche BKK) to pay the costs.
____________1 - OJ C 247, 27.9.2008.